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1. Parties: Identifies and provides full details of the Landlord, Tenant, and Guarantor including names, addresses, and any registration details for corporate entities
2. Background: Sets out the context of the agreement, referring to the underlying tenancy agreement and the need for a guarantee
3. Definitions: Defines key terms used throughout the agreement including 'Guaranteed Obligations', 'Property', 'Rental Period', and 'Tenancy Agreement'
4. Guarantee and Indemnity: Core section detailing the guarantor's obligations, scope of guarantee, and indemnification provisions
5. Duration of Guarantee: Specifies the time period for which the guarantee remains valid and any conditions for extension or termination
6. Guarantor's Obligations: Detailed list of specific obligations the guarantor is undertaking, including payment of rent, damages, and other liabilities
7. Landlord's Rights and Remedies: Sets out the landlord's rights to enforce the guarantee and available remedies in case of default
8. Payment Terms: Specifies how and when the guarantor must make payments when the guarantee is called upon
9. Limitations of Liability: Any caps or limitations on the guarantor's liability under the agreement
10. Representations and Warranties: Statements and assurances made by the guarantor regarding their capacity and ability to provide the guarantee
11. Notices: Requirements for how formal notices under the agreement must be given and when they are deemed received
12. Governing Law and Jurisdiction: Specifies that Nigerian law governs the agreement and establishes jurisdiction for dispute resolution
1. Step-In Rights: Optional section giving the guarantor rights to take over the tenancy in certain circumstances - typically included for commercial property guarantees
2. Assignment and Transfer: Include when either party might need to transfer their rights or obligations under the guarantee
3. Force Majeure: Optional clause dealing with unforeseen circumstances - particularly relevant post-COVID
4. Alternative Dispute Resolution: Optional section specifying mediation or arbitration procedures before court action
5. Multiple Guarantors: Include when there is more than one guarantor to specify joint and several liability
6. Corporate Guarantor Provisions: Additional provisions required when the guarantor is a company rather than an individual
1. Schedule 1 - The Property: Detailed description of the rental property including address and any relevant land registry details
2. Schedule 2 - The Tenancy Agreement: Copy or key details of the underlying tenancy agreement being guaranteed
3. Schedule 3 - Guaranteed Sum: Specific financial details of the guarantee including maximum liability amounts
4. Schedule 4 - Guarantor's Supporting Documents: List of documents provided by guarantor to demonstrate financial capacity (bank statements, proof of income etc)
5. Appendix A - Form of Demand: Template for the landlord to make a formal demand under the guarantee
6. Appendix B - Guarantor's Statement of Assets: Declaration of the guarantor's assets and financial position at the time of entering the agreement
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